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HomeMy WebLinkAboutCity Council Minutes 06-27-2000Adopted Minutes Regular Council Meeting June 27, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on June 27, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black (arrived at 7:06 p.m.) Bildsoe, Slavik, Johnson, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Recognition of Donors to Youth Jam 2000 and Youth Community Service Award Winners Jameson Johnson, Chairperson of the Youth Jam 2000 Committee, reported there was a fairly good turnout at this year's event considering the weather implications. He thanked the major contributors to their event. Jan Barichak stated five outstanding Plymouth students were honored for touching the lives of many and exemplifying active citizenship. She stated the winners received certificates and cash prizes which were made possible by the Communities in Collaboration Council. She stated Patrick Hartung, a sophomore at Wayzata High School, and Erica Olson, a senior at Wayzata High School, received the Community Service Awards for consistent participation in community service projects and volunteer programs. She reported that Susan Kasper, a senior at Totino - Grace High School, Michael Gale, a junior at Wayzata High School, and Matt Faltesek, a senior at Wayzata High School, received Special Recognition Awards. A check in the amount of $216 was then made to the Wayzata Halfway House, the designated charity for this year's event. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 2 of 13 4.2) Report on Hopkins Skateboard Park Mayor Tierney reported she attended the grand opening for the new Hopkins Skateboard Park. She stated that the City of Hopkins received over $100,000 in donations to construct the park. She commented this facility is a wonderful addition for skateboarders and in-line skaters in the western suburbs. 4.3) Report on Music in Plymouth Councilmember Slavik reminded everyone of the Music in Plymouth on July 6 starting at 5:15 p.m. and concluding with the fireworks. She briefly highlighted all the scheduled activities. Approval of Agenda City Manager Johnson requested to add a proposed memorandum of understanding for the Hilde Performance Center as item No. 8.3 under General Business. He also requested item No's. 6.01 and 6.09 under Consent Agenda be removed from the agenda. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Councilmember Harstad, and seconded by Councilmember Slavik, to approve the Consent Agenda which included the following items: 6.01) (This item was removed from the agenda). 6.02) Resolution Approving Disbursements for the Period ending June 16, 2000 (Res2000- 304). 6.03) Resolution Approving the Renewal of On -Sale and Off -Sale 3.2 Malt Liquor Licenses Res2000-305), and a Resolution Approving 3.2 Malt Liquor License for West Medicine Lake Community Club (Res2000-331). Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 3 of 13 6.04) Resolution Approving Final Plat and Development Contract for Alan Chazin Homes, Inc. for "Hilltop of Plymouth," located east of Fernbrook Lane and south of 47th Avenue (20003F - Res2000-306), and a Resolution Adopting Assessments for City Project 9916, Sanitary Sewer and Watermain Area for Hilltop of Plymouth Addition (Res2000-307). 6.05) Resolution Approving 2000 Contribution to the Plymouth Civic League (Res2000-308). 6.06) Resolution Approving an Amendment to the Personnel Policy Revising the Tuition Reimbursement Policy (Res2000-309). 6.07) Resolution Approving the Labor Agreement between the City of Plymouth and Maintenance Employees Represented by AFSCME, Council 14 for the Calendar Years 2000 through 2002 (Res2000-310). 6.08) Resolution Approving Site Plan Amendment and Variance to allow Improvements to the East Parking Lot and Construction of New Bleachers at Armstrong High School, 10635 36h Avenue North (20062 — Res2000-311). 6.09) (This item was removed from the agenda). 6.10) Resolution Approving Conditional Use Permit for Patrick Kelly to Construct a 1,536 square foot Attached Garage on Property located at 5005 Harbor Lane North (20071 - Res2000- 312). 6.11) Resolution Approving Final Plat and Development Contract for Lundgren Brothers Construction, Inc for "Plum Tree East 4th Addition" for Property located north of Old Rockford Road, south of the Soo Line (CP) Railway, east of Peony Lane, and west of Holly Lane (20045-F Res2000-313). 6.12) Resolution Approving Change Order with Landmark Restaurant Equipment (Res2000- 314). 6.13) Resolution Awarding the Contract for Long -Term Disability and Group Life Insurance Res2000-315). 6.14) Resolution Authorizing "No Parking" Restrictions on 46th Avenue from Arrowood Lane to Cottonwood Lane and on Balsam Lane cul-de-sac south of 461' Avenue from 5:30 p.m. to 8:30 p.m. Monday through Thursday, April through October (Res2000-316). 6.15.1) Resolution Reducing Required Financial Guarantee for North Country Estates (97023 - Res2000-317). Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 4 of 13 6.15.2) Resolution Reducing Required Financial Guarantee for Pike Lake Woods Addition 97079 — Res2000-318). 6.16) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Lift Station No. 2 Renovation — Mission Farms (8030 - Res2000-319). 6.17) Resolution Receiving Preliminary Engineering Report and Ordering Plans and Specifications for NC-15/NC-16 Trunk Sanitary Sewer and Watermain (9914 - Res2000-320). 6.18) Resolution Approving Change Order No. 1 for the 2000 Seal Coat Program (Res2000- 321). 6.19) Resolution Authorizing an Adult Cadet Program in the Police Department (Res2000- 322). 6.20) Ordinance Amending Chapter XIII of the Plymouth City Code Concerning Handicapped Transfer Zones (Ord2000-24). 6.21) Resolution Authorizing an Increased Budget Carryover Fund Spending Authority for Park and Ride Projects at Messiah United Methodist Church and Plymouth Covenant Church Res2000-323). 6.22) Resolution Approving Rental Rates for the Plymouth Fieldhouse (Res2000-324). Councilmember Bildsoe he would be voting in favor of item No. 6.18 as the City would encumber no cost with this project. He also noted that the City of Minnetonka doesn't have a seal coat program as noted in the staff report which is similar to his view, but due to no cost to the City, he would support this item. Motion carried to approve the amended Consent Agenda. Public Hearings 7.1) Issuance of $1,500,000 of Tax -Exempt Industrial Development Revenue Bonds for Nuaire, Inc. located at 21000 Fernbrook Lane Community Development Director Hurlburt reported on April 11 the Council adopted a resolution providing preliminary approval to the issuance of tax exempt bonds to finance Nuaire Inc.'s building improvements and acquisition of equipment to be used in connection with the company's business of manufacturing air filtration products. In addition, an application was Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 5 of 13 made to the Minnesota Department of Finance following the Council's preliminary approval, and an allocation of bonding authority for tax exempt financing was approved. Therefore, approval of the tax exempt bond issue would not be an obligation of the City and would be payable solely by Nuaire, Inc. She added that Norwest Bank is expected to provide a letter of credit to secure the repayment of the bonds. Nuaire would pay or reimburse the City for all costs incurred in the financing and would indemnify the City against any future cost or expense that could arise. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Sale and Issuance of Industrial Development Revenue Bonds under the Municipal Industrial Development Act and Approving and Authorizing the Execution of Documents (Res2000-325). With all members voting in favor, the motion carried. General Business 8.1) Reguiding from CO (Commercial Office) to LA -4 (Living Area 4) and a Rezoning from O -R (Office Residential) and B -C (Business Campus to RMF -4 (Multiple Family 4) for three parcels of land located northeast of 45th Avenue and Nathan Lane (20050) Community Development Director Hurlburt reported on May 23 the Council considered four options for a land use guide plan amendment for the northeast corner of 45th Avenue and Nathan Lane. A motion to approve Option C (staff recommendation to reguide the three parcels from CO to LA -4, but retain the CO guiding adjacent to Highway 169) failed by a four to two vote five affirmative votes are needed to approve a land use guide plan amendment). A second motion to approve Option D (Planning Commission recommendation to retain CO guiding on the northern parcel and reguide the other two parcels to LA -4) failed by a two to four vote. Because these motions failed and were not reconsidered at the next meeting, it is necessary to suspend the rules in order to reconsider these motions this evening. She reported since the May 23 meeting, a revised sketch plan has been presented to staff. The revised sketch plan now includes four, four-story apartment buildings on the western part of the site and leaving the easterly part near Highway 169 vacant. She commented this is a major improvement in how the development relates to the proposed office/warehouse facility to the north and the impact of Highway 169. She stated there is no specific proposal for the vacant land adjacent to the highway. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 6 of 13 Ed Farr, architect, representing Liberty Property Trust, who would be the developer of the commercial property to the north of this site, requested the Council approve Option D. He explained the pond on the west side of the development would serve as a good buffer between this development and the adjacent residential development. He stated they have been working in conjunction with Park Land Company to eliminate any land use issues between their apartment usage and their proposed use of their property. He commented this a topographical challenged site, and they have been able to salvage the majority of the mature oak trees. He stated their commercial building would be situated lower than the higher floors of the apartment buildings which would minimize the impact of associated noise. In addition, there would be tall and dense plantings and a fence between the two uses. He assured that from a grade and landscape perspective they would be able to separate the two uses. He stated regarding the concerns that were previously addressed about the noise associated with the air conditioning units on their building, there would be at least a 200 foot separation between their building and the closest apartment building. In fact, the closest apartment window would be 250 feet from their building. He also reiterated there would be very limited truck traffic due to the type of tenants they would attract. Councilmember Black reported she met with the developers this morning, and she finds this current sketch plan to be more acceptable. However, she is concerned that the purchase agreement for the apartment development has not been finalized. Therefore, she questioned what would happen if this development doesn't materialize. Community Development Director Hurlburt stated that is one reason why it is very important for the City to review the use of all three parcels. The reguiding is the City's assurance that land use would be residential in nature and not commercial. Mayor Tierney asked if there are any future plans for the eastern property adjacent to Highway 169. Stephen Young, architect representing Park Land Company, assured the Council that there would not be another apartment building as there isn't sufficient area to do so. Therefore, they have no intention to develop this area. Mr. Young informed the Council that for the proposed apartment development, both parties have agreed and a contract would be signed in the very near future. He stated it is everyone's intent to move forward with this project. He requested the Council approve Option D. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to suspend the rules to allow consideration of all options, including Options C and D, which were previously voted upon. With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 7 of 13 Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, approve Option D and adopt a Resolution Approving Land Use Guide Plan Amendment for the City of Plymouth for Property located in the Northeast Quadrant of 45 Avenue and Nathan Lane (20050 — Res2000-326). Councilmembers Harstad, Johnson, and Black, voiced their approval of the revised sketch plan. Councilmember Brown noted his concerns of the CO guiding of the property located adjacent to Highway 169 and adjacent to an LA -4 area. Mayor Tierney commented the sound and noise issues have been a real concern for the City. The City strives for quality housing and does get concerned when trucks are operating during the evening hours at facilities that are adjacent to residential developments. There being no further discussion and with all members voting in favor, the motion carried. 8.2) Rezoning, Preliminary Plat, PUD General Plan, site Plan, Conditional Use Permits and Variances for a development to be known as Plymouth Marketplace located on the northwest corner of Highway 55 and Vicksburg Lane North (20040) Community Development Director Hurlburt reported on the proposed development located on Highway 55, west of Vicksburg, and south of 36th Avenue. She stated the applicant is requesting approval of a rezoning from O -R (Office/Residential) to PUD (Planned Unit Development) and CC -RE (City Center, Retail/Entertainment), a preliminary plat for six lots, a PUD general plan, site plan, conditional use permits and variances. The proposed development plan includes a senior apartment complex, a Lund's grocery store, Marquette Bank, restaurants, and small retail shops. The site is currently in three different land use guide classifications. She explained there is a request to reduce the number of required parking spaces. However, there would be area to add spaces if needed in the future. She mentioned there is an overall sign plan which would eliminate free standing signs, and this development would also incorporate City Center signage. The development would provide pedestrian circulation throughout the development as well as a trail along 36th Avenue and along Vicksburg. She indicated a major factor in this plan is the landscaping and preserving of trees along 36th Avenue which exceeds the City's requirements. Councilmember Black asked if the requested Variances, relate to parking? Community Development Director Hurlburt replied no. Councilmember Bildsoe asked if there would be the opportunity to signalize the intersection of Rockford Road and 36th Avenue. He also questioned if the City has reviewed the accidents at that intersection to determine if there could be a need for signalization. It's his opinion that there would be more traffic at that intersection, and currently that intersection doesn't function safely. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 8 of 13 Public Works Director Moore stated Rockford Road is a County road, and the City has requested that the County review that intersection. The City has not received a final response, but approval would have to be granted by the County. He stated the types of accidents need to be reviewed in order to determine if they're the type of accidents that traffic signals would solve. Councilmember Slavik asked if the City could initiate sidewalk construction adjacent to the Sugar Hills development on 36th Avenue. Community Development Director Hurlburt replied that would need to be addressed in the Capital Improvements Program. Councilmember Slavik asked why no right in or right out access would be allowed on Highway 55. Community Development Director Hurlburt replied it would not be allowed by the State to allow any further accesses on Highway 55. Councilmember Black stressed the need for internal pedestrian walkways within the development. Community Development Director Hurlburt stated there would be sidewalks along the fronts of the buildings, and for those buildings off Vicksburg Lane, there would be walkways on Vicksburg Lane. There would also be pedestrian walkways through the development to 36th Avenue. Mayor Tierney asked if there is ample parking in this development to provide for extra places due to the movie theater across the street. Community Development Director Hurlburt stated there is currently adequate parking; however, it may not be as convenient as some would like. Councilmember Harstad stated he is concerned that there would be a need to install lighting on 36th Avenue especially if the trail would be contiguous to 36t' Avenue. Community Development Director Hurlburt replied there are no street lights proposed on 36th Avenue. She noted that there are many areas in the City where the trails aren't lit. Jay Scott, 18566 Bearpath Trail, Eden Praire, representing North American Properties, stated over the past two to three months they have worked with the residents of Sugar Hills to address their concerns which include noise, lights, and pollution. They have also tried to protect those residents from the proposed senior facility as well as the Cub development with additional plantings. He stated it is their intention to construct this development in one phase. He stated regarding the parking, they have worked very closely with the neighborhood to reduce the impact of parking and have blended the type of uses to take advantage of cross parking. They have also incorporated all the City's new standards for their lighting, and they have minimized the lighting on the back of the buildings to reduce the lighting impacts to Sugar Hills. He also added that through their lease and user agreements, they are limiting the use of 36th Avenue. Councilmember Brown asked what the mix would be of the assisted living units in the senior housing facility. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 9 of 13 Bill Griffith, representing Hartford Financial, stated there would be 66 independent units, 54 assisted units with 20 of those being for memory loss. Bruce Johnson, 16045 360'Place North, acknowledged there has been a real cooperative effort between the developer and the residents. He stated they support the 20 mph speed limit of the interior road through the development near the senior residence in order to slow the traffic. Regarding the proposed parking, he would oppose any future expansion of parking as that would affect the tree conservation area adjacent to 36th Avenue. He requested there be no truck traffic either from Zanzibar or from the senior entrance to Vicksburg Lane. He stated when one exits out on Yuma Lane from the Sugar Hills development, there is a sight distance issue due to the road curvature. For that reason, he requested a three-way stop sign at Yuma Lane. Councilmember Johnson asked if there could be a covenant to protect the trees on the property that abuts 36th Avenue. Mr. Scott stated they have proposed a conservation easement to protect that tree buffer from any future development. Councilmember Johnson asked if truck traffic could be prohibited on 36th Avenue. Public Works Director Moore replied if truck traffic would be prohibited, residents on Yuma Lane would have difficulty in receiving garbage and/or delivery services. Councilmember Johnson asked if the City can enforce speed limits within private developments. Public Safety Director Gerdes stated there is no authorization to enforce speed limits on private property. However, private property speed limits are generally obeyed. Councilmember Johnson commented with regards to the street lighting on 36th Avenue, pedestrian safety is very important. However, she stated the Council needs to study this carefully as the developer has made every effort to discourage light pollution to Sugar Hills. Councilmembers Johnson and Slavik expressed their appreciation to the developer for meeting with the neighborhood to resolve the concerns. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson to adopt an Ordinance Approving the Rezoning from O -R, Office/Residential, to PUD, Planned Unit Development, and CC -E, City Center, Retail/Entertainment (Ord2000-25). With all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Johnson, to adopt a Resolution Approving Preliminary Plat for North American Properties for Property Located at the Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 10 of 13 Northwest Quadrant of Vicksburg Lane and Highway 55 (20040 — Res2000-327), Resolution Approving Findings of Fact for Rezoning for North American Properties for Property Located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (20040 — Res2000-328), and a Resolution Approving PUD General Plan, Site Plans, Conditional Use Permit, and Variances for North American Properties for Property Located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (20040 — Res2000-329). With all members voting in favor, the motion carried. The Council took a recess at 9:47 p.m. and reconvened the meeting at 9:56 p.m. 8.3) Amphitheater Stage City Manager Johnson discussed with the Council a proposed memorandum of understanding for the Hilde Performance Center. He explained Al and Jayne Hilde would donate $500,000 to 1,000,000 for the purpose of constructing a permanent stage for the Plymouth Creek Park. The donation would be given to the Plymouth Civic League and then given to the City to operate and maintain the facility. He stated there is a sense of urgency on the part of the donor to make the donation at this time due to certain Internal Revenue Service regulations. He stated the City would provide the site, various utility connections, and funding of the various permits involved. He stressed that before any construction, there would be a significant sound and lighting study undertaken as well a site plan to be presented to the Planning Commission and City Council. In addition, a more formal agreement would be entered into between the Hildes, the Plymouth Civic League, and the City. Councilmember Slavik was assured that if the sound and lighting studies indicate there would be a negative impact to the surrounding properties, the Council would have the opportunity to not participate in the agreement as well as the opportunity for public involvement with this project. Councilmember Johnson asked if this would be the only site in the City where the amphitheater could be constructed. Parks and Recreation Director Blank stated there is no other City owned property that would be available and vacant. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to approve the memorandum of understanding. Councilmember Bildsoe asked what future action is necessary of the Council and when the City would be expending funds on this project. City Manager Johnson stated there shouldn't be a significant amount of funds expended until the sound and light study is completed. The City is under no obligation to pay for the architects or the sound and light engineer. In addition, the Council could add more opportunity for public comment. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 11 of 13 There being no further discussion and with all members voting in favor, the motion carried. Reports and Recommendations 9.1) Receive 1999 Audited Financial Statements Finance Manager Jacobson presented the City's 1999 Audited Comprehensive Annual Financial Report. He stated Cliff Hoffman, from Deloitte and Touche LLP would be making a presentation at the July 25 Council meeting. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Accepting the 1999 Comprehensive Annual Financial Report and Audit (Res2000- 330). With all members voting in favor, the motion carried. 9.2) Report on Truck Traffic on Nathan Lane south of County Road 10 Mayor Tierney stated she requested the report on this item. She stated there is a problem with a distribution center located at the edge of a residential development. The City has posted signs to discourage the truck traffic. Public Safety Director Gerdes stated in previous discussion with U.S. Food Service, staff has requested their trucks take 5 O Avenue across to Highway 169 and stack on 51" Avenue until U.S. Food Service opens rather than traveling down Nathan Lane from County Road 10 to their facility. Based on staff's observations, the company is approximately 89% compliant with this effort. He stated the City has posted signs, and this would be considered a very high compliance rate for informational signage. He has discussed a number of options with the Engineering Department. However, the current recommended route by staff is the best route. Staff does recommend that additional signage be installed, continue to monitor the site periodically, conduct a meeting of interested parties from the neighborhood to discuss the problems and potential impacts regarding the more additional alternatives before any recommendation is made to the Council, consider reconstructing the intersection of 56th Avenue and Nathan Lane, following completion of the special land use study for this area next year, and send a copy of staff's report and Council action to the homeowners association and the major businesses in the area. Councilmember Black stated she recently observed trucks lined up on 54th Avenue and wrapped down on the frontage road and nearly to the railroad, during the early morning hours. She stated Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 12 of 13 it was her impression that there was a backup and the trucks would be dispatched by U.S. Foods when they could be unloaded. Public Safety Director Gerdes stated staff re -contacted U.S. Food Service, they indicated they would begin their "cue line" on the frontage road at 54th Avenue and wind back to 51" Avenue. He stated 54`h Avenue has been enforced no parking; therefore staff could enforce any truck parking on that street. Mayor Tierney stated her intention was to gather the data and solicit other ideas/solutions that could be presented to the residents. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad to accept the recommendations in the staff report. With all members voting in favor, the motion carried. 9.3) Ordinance Amending Section 905.17 of the Uniform Fire Code regarding Cooking Devices on Balconies (requested by Councilmember Harstad) Councilmember Harstad reported that he received a phone call from a resident who resides at an apartment building, who had a propane gas grill on his balcony. The resident received permission from the manager of the complex to operate a gas grill on his balcony, but then was notified by the police to cease operation. He acknowledged that the City Code prohibits the use of cooking devices on apartment balconies, but he questioned why the manager wasn't aware of the City ordinance. He believes this is a good issue for the Council to discuss; however, he is not confident that the Council has enough information to make an informed decision. Therefore, he prefers to not take any action at this time, but refer the matter to the building and fire divisions to study the issue. On a personal level, he supports the use of propane gas grills on decks. Community Development Director Hurlburt stated that staff has studied this issue and does not recommend amending the ordinance. She added through the rental and housing inspections, apartment managers are reminded and notified of City ordinances. The majority of the Councilmembers indicated that they do not support an ordinance amendment. Public Safety Director Gerdes stated propane can cause fires, and it's a hazard. He stated he could provide records of these types of fires in the City as well as other cities if the Council so desires. He stated these violations are handled on a complaint basis. Community Development Director Hurlburt added if a housing inspector observes propane gas grills on balconies, he would order them removed. Adopted City Council Minutes Regular Meeting of June 27, 2000 Page 13 of 13 Motion was made by Councilmember Slavik, and seconded by Councilmember Black to take no action. With all members voting in favor but Harstad, the motion carried. Adjournment Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adjourn the meeting at 9:50 p.m. With all members voting in favor, the motion carried. r j&a R. Paulson, City Clerk